The Intellectual Property Law (amended and supplemented) of 2025, effective from April 1, 2026, for the first time includes issues related to AI within its scope of regulation, creating a legal foundation for resolving new situations arising in practice.
Legal loopholes in the face of the new wave of technology.
In fact, many products incorporating AI are now widely used in daily life and business.
An AI-generated work might only require a few user commands (prompts). The question then arises: who is the real creator? The person giving the request, the AI programmer, or the AI system itself?
According to the Intellectual Property Law, No. 07/2022/QH15, the author is the person who directly creates the work, meaning there must be human intervention and creativity. Works created entirely by AI without direct human intervention (no individual directly creates, controls, or directs the content of the work) do not meet the conditions for the subject of authorship as stipulated by Vietnamese law on copyright and are not protected by copyright.
Thus, current Vietnamese law does not recognize AI as a subject with rights; therefore, ownership rights must still be tied to individuals or organizations. However, determining the extent of human contribution to products created by AI is not a simple matter.
The problem is that without a clear legal framework, the risk of disputes over copyright and industrial property rights will increase, and this could also reduce the incentive to invest in new technologies.
Affirming that human beings are at the center of intellectual property rights.
Mr. Nguyen Hoang Giang, Deputy Director of the Intellectual Property Office ( Ministry of Science and Technology ), said that in order to anticipate technological trends, the amended Intellectual Property Law, which officially takes effect from April 1, 2026, has added Clause 5 to Article 6 to address the protection of products created by AI or with the participation of AI in the creation process.
Specifically, the Government stipulates that the creation and establishment of intellectual property rights shall comply with Clauses 1, 2, 3, and 4 of Article 6 in cases where the intellectual property object is created using an AI system.
One of the key principles affirmed by the Law is that the author or inventor must be a human being; AI is not recognized as a subject of rights. This upholds the traditional foundation of intellectual property law, in which rights are always linked to individuals or organizations with legal capacity, rather than granting rights to a technological system.
However, the law also acknowledges the reality that AI is playing an increasingly important role in the creation of intellectual products. Therefore, instead of ignoring this factor, the law has chosen a more flexible approach: entrusting the Government with the detailed regulation of establishing rights to objects created using AI. This is considered an important legal basis, paving the way for specific guidelines in the future.
At the same time, the Law also allows organizations and individuals to exploit published intellectual property data for AI research, testing, and training, but must ensure that it does not unreasonably affect the legitimate rights and interests of the owner.
Balancing protectionism and fostering innovation.
Addressing the relationship between AI and intellectual property rights is not just a problem for Vietnam, but a common challenge for many countries.
In Australia, the Intellectual Property Office has issued expert guidance for examining patent applications involving AI, asserting that the "inventor" must be a human being.
In Japan, the Japan Patent Office has published numerous examples of patent examinations involving AI. The Japan Intellectual Property Lawyers Association has also issued guidelines for lawyers on using AI tools in the process of drafting patent applications.
These experiences demonstrate the global trend of adapting legal frameworks to new technologies. In the process of refining its legal framework, Vietnam can refer to international models while simultaneously developing regulations that are appropriate to its domestic conditions.
Vietnam has enacted the Law on Artificial Intelligence, effective from March 1, 2026, along with the National Artificial Intelligence Ethics Framework, effective from March 10, 2026. These documents aim to build a regulatory system that is harmonized with international standards while ensuring suitability to Vietnam's context, culture, and technological development needs.
In this context, the national AI code of ethics is expected to play a crucial guiding role, contributing to ensuring that the development and application of AI takes place in a safe, responsible, and sustainable manner.
Source: https://daidoanket.vn/ai-sang-tao-thi-ai-so-huu.html
